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Divorce Law

couple-fighting

With your matrimonial action, do not go at it alone.

UNCONTESTED DIVORCE

The Law Office of Samilde Perez can help you get a fast, convenient and affordable uncontested divorce.

Sami can help you whether your uncontested divorce is simple or you have child support and custody issues and/or significant assets to divide. An uncontested divorce is a great way to save money, time and prevent the stress of a litigious divorce.

Uncontested simply means not contested, or not argued or litigated, and in agreement on all major issues involved.  The issues heavily fought in divorces are:

  • Mutual agreement by both parties to get divorce(sometimes it is only one party who wants the divorce)
  • The grounds for divorce (i.e., abandonment, cruel and inhuman treatment, adultery, irreconcilable differences)
  • The division of assets or liabilities (who gets what and who pays for what)
  • Child support, custody, and visitation
  • Spouse maintenance or alimony

 

Please call our office for a free consultation on this matter.  With our help and guidance, you can save thousands of dollars by choosing to settle your differences in an amicable way rather than paying thousands of dollars in attorney fees to later have to settle in court on these same issues.  Do not waste your time, money and peace of mind.  Call us and we will guide you every step of the way.

SEPARATION AGREEMENTS

No sure of whether you are ready to say goodbye and good riddance forever?  A separation agreement may be your best option.  Often in the heat of the moment, a decision to file and obtain a divorce is made without much thought of the future consequences. This is particularly crucial when they are children involved.  A lot of times a reconciliation of the marriage is successful, and all that is needed is time apart to work out the differences and work through the painful emotions of anger, disappointment, indifference, and hurt.  Whether you reconcile or not, only time can tell.  But a separation agreement can give you the option of protecting your legal rights when it comes to the following matters:

  • Child support, custody, visitation
  • Spousal support (maintenance or alimony)
  • Division of marital home
  • Where will each party reside
  • Division of marital assets and liabilities and
  • Any other matter that needs to protection and is unique to your case

 

Many people think that they are legally separated simply because one of the parties physically moved away from the marital home.  Although this is a requirement in a separation agreement, the most important reason why you want to draft a separation agreement is to clearly stipulate what happens to the assets/debts/and liabilities obtained individually by each party while the couple is separated.

How about if we want to divorce after the separation agreement is executed?

After living apart for one year or more, if the parties have decided that there will be no reconciliation and want to proceed to divorce, either party can file for a conversion divorce under the terms of the separation agreement.

If you want to convert your separation agreement into a divorce,the following requirements must be met:

  • the parties MUST live “separate and apart” from each other, which means you cannot reside in the same place for one year or more
  • the parties filed the separation agreement in the County in which they reside right after it was executed
  • the parties purchased an index number associated with their separation agreement that could later be used in their conversion divorce

 

Please do NOT try to draft your separation agreement on your own.  If you make a mistake your entire agreement can and will be rendered void and not legally binding.  Call Sami Perez and let her help you make sure your rights are protected.

 

PRENUPTIAL AGREEMENTS  

Prenuptial agreements allow couples to retain control of what will happen to their assets, liabilities, professional licenses, businesses, homes, gifts and inheritances for example, in the case of a divorce. With the national divorce rate at over 60%, prenuptial agreements are quite popular today among all age ranges. Many people feel funny about proposing a prenuptial agreement to their future spouse.  However, over the years I have found that they actually stimulate communication between the couple of sensitive issues, and encourage compromise.  Dealing with the hard issues addressed in a prenuptial agreementcan actually bring the couple closer together.

There are certain rules that must be adhered to in order for your prenuptial agreement to be valid in the state of New York.  Please call our office today for a consultation so that you are fully informed about all the formalities and requirements.  Let us help you bulletproof your prenuptial agreement.

To schedule your consultation, please call or email our office today.